33 U.S.C. § 1328
Section 1328 · Aquaculture
Amended 3 times on record
Applied in 7 court decisions — leading case Department of Finance v. Commission on State Mandates (2016)
Most recently applied in Dep't of Fin. v. Comm'n on State Mandates (December 2017)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
The Administrator is authorized, after public hearings, to permit the discharge of a specific pollutant or pollutants under controlled conditions associated with an approved aquaculture project under Federal or State supervision pursuant to section 1342 of this title.
The Administrator shall by regulation establish any procedures and guidelines which the Administrator deems necessary to carry out this section. Such regulations shall require the application to such discharge of each criterion, factor, procedure, and requirement applicable to a permit issued under section 1342 of this title, as the Administrator determines necessary to carry out the objective of this chapter.
Each State desiring to administer its own permit program within its jurisdiction for discharge of a specific pollutant or pollutants under controlled conditions associated with an approved aquaculture project may do so if upon submission of such program the Administrator determines such program is adequate to carry out the objective of this chapter.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1977—Subsec. (a). Pub. L. 95–217 inserted “pursuant to section 1342 of this title” after “Federal or State supervision”.
Subsec. (b). Pub. L. 95–217 struck out “, not later than January 1, 1974,” after “The Administrator shall by regulation” in existing provisions and inserted provisions that the regulations require the application to the discharge of each criterion, factor, procedure, and requirement applicable to a permit issued under section 1342 of this title, as the Administrator determines necessary to carry out the objectives of this chapter.
Subsec. (c). Pub. L. 95–217 added subsec. (c).